Property owners, private individuals and people doing businesses in theconstruction industry often seek out lawyers to help them understand their rights and contractual obligations under Ontario’s complex construction laws.
Parties to construction contracts may further hire construction law lawyers to ensure their projects comply with thorny Canadian building codes and construction regulation.
Construction law in Canada is elaborate, and it covers all the legal areas regarding construction activities that involve:
Contract Formation and Review
Labour Safety and Performance
Insurance Risk Consultation
Warrantee, Defect, Delay Claims
Surety Bond Procurement
Planning, Zoning and Compliance
The Law Office of Robert McNeillie specializes in advocating and resolving construction law issues for individuals and businesses
Construction material suppliers, contractors and labourers often file construction liens against personal property to protect them from the risk of not being paid for services rendered.
Parties who enter into valid construction agreements in Ontario hold powerful statutory lien rights offered by the Construction Act, which offers lien holders access to prompt payment regime and fast-track dispute resolution—two legal provisions that ensure lienees pay construction material suppliers and construction workers for their time.
Our lawyers regularly assist clients in navigating through the Construction Act’s technical minefield of requirements for pursuing liens, and we also help lienees assert legal precedent when defending frivolous lien claims against them.
Binding contractor and subcontractor agreements are enforceable and fair; and they possess covenants that allocate risk among parties and language that efficiently discloses how parties will avoid or manage disputes.
Our lawyers have experience and expertise in drafting, reviewing and modifying contractor-subcontractor agreements. We further help our clients identify areas of risk or concern before they enter into binding contracts by taking what we learned from successful construction law litigation and applying it when we review their construction agreements.
Construction law contract disputes emerge from breach of contract claims, which occur when parties fail to fulfil the terms or obligations expressly written or implied in their construction agreements.
Stakeholders in construction contract disputes generally claim one of two breaches:
Material Breach—a significant infringement that often allows harmed parties to cancel the construction contract and sue for damages.
Minor Breach—a partial, less severe breach that allows parties to sue for damages but does not excuse them from further performance.
Material breaches regularly turn into complex litigation when harmed parties petition Ontario’s provincial court to award them money damages, injunctive relief or specific performance orders for resolving their contract disputes.
Our lawyers negotiate, mediate, arbitrate and litigate both material and minor contractual breaches. We advocate for the innocent by diligently investigating breach allegations and by scrutinizing construction agreements to recommend proper legal remedies to pursue.
Delay claims regularly arise when a party in a binding construction agreement commits one or more of the following breaches during the course of construction:
- Scope Breach–failure to perform specific covenants as promised.
- Delivery Breach–failure to perform within the contract period.
- Price Breach—failure to provide valid consideration when attempting to modify the contract’s value.
Non-defaulting parties often experience actual and consequential damages when construction project delays occur, and insurance adjusters frequently lowball the innocent when they attempt to resolve delay claims on their own.